Allahabad Court January 1999 Judgments
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Umesh Chand Lawania Vs. Deputy Director, Animal Husbandry, Agra and An ...
Court: Allahabad
Decided on: Jan-06-1999
Reported in: 1999(1)AWC738
D.K. Seth, J. 1. The petitioner was transferred by an order dated 17th April, 1993 to Aligarh but the petitioner had obtained an interim order dated 24th August, 1993 by which the operation of the order of transfer was stayed for a period of three months. It seems that the said interim order was not extended thereafter. By virtue of an order dated 7th November, 1998 contained in Annexure-2 to this petition, the petitioner has been relieved from the present post pursuant to the order dated 17th April, 1993. This order has been challenged in this writ petition.2. Mr. P. N. Dubey, learned counsel for the petitioner has attacked the said transfer order contained in Annexure-2 on the sole ground that the order of transfer issued on 17th April, 1993 was purely on administrative ground and after lapse of five years, administrativeground cannot be said to exist. The contention is absolutely devoid of any merit.3. Whether administrative reason survives or not is a question that has to be weighe...
Smt. Shakuntala Agrawal Vs. District Judge, Kanpur and Others
Court: Allahabad
Decided on: Jan-06-1999
Reported in: 1999(1)AWC907
Sudhir Narain, J.1. These two writ petitions are disposed of together as they relate to common questions of Jaw and facts. The reference to the parties shall be taken from Writ Petition No. 3576 of 1982.2. The facts, in brief, are that the petitioner is owner and landlady of premises No. 32/80 Ghumini Bazar. Kanpur. The ground floor consists of many shops and first floor consists of 9 rooms, latrine, bath room and kitchen, etc. Respondent No. 3 filed an application for allotment of the first floor premises consisting of 4 rooms on the allegations that one Sheo Das was tenant of the accommodation in question and as he had vacated the same, the accommodation should be deemed as vacant. The Rent Control and Eviction Officer asked the Rent Control Inspector to submit a report who submitted a report that one Sheo Das was tenant of the accommodation in question on the first floor and he having vacated the same, the accommodation should be treated as vacant. He recorded the statement of one J...
Mahabir Prasad Gupta Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-06-1999
Reported in: 1999(2)AWC928; (1999)1UPLBEC541
D.K. Seth, J.1. The petitioner has challenged two orders dated 9th November. 1998 contained in Annexures-1 and 2 to this writ petition. By the Impugned order contained in Annexure-1, the Upri Ganga Nahar Adhunlkikaran Khand has been restructured as Gun Niyantran Khand. Basti and is being shifted to Basti. By the second order, the charge was directed to be handed over in accordance with the provisions made in the said order. Relying on these two orders, learned counsel for the petitioner Mr. Arvind Kumar Sharma contends that on account of such restructuring, the petitioner would be transferred. Such transfer will affect adversely on the petitioner since his wife is suffering from kidney problem. Therefore, according to him. these two orders should be quashed.2. Mr. I. S. Slngh. learned standing counsel on the other hand opposes the said contention on the ground that if for administrative reasons, the project is transferred or reorganised or restructured, the same does not confer any rig...
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